UNITED STATES DISTRICT COURTDISTRICT OF SOUTH CAROLINAROCK HILL DIVISION3D SYSTEMS, INC.,Plaintiff,v.FORMLABS, INC. and KICKSTARTER, INC.,Defendants.:::::::::x
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
Plaintiff 3D Systems, Inc., by its complaint of patent infringement against defendantsFormlabs, Inc. and Kickstarter, Inc., alleges and avers as follows:
PARTIES
1.
Plaintiff 3D Systems, Inc., ("3D Systems") is a California corporation having a place of business at 333 Three D Systems Circle, Rock Hill, South Carolina 29730.2.
Upon information and belief, defendant Formlabs, Inc. ("Formlabs") is aMassachusetts corporation having a place of business at 288 Norfolk Street, Suite 4, Cambridge,Massachusetts 02139.3.
Upon information and belief, defendant Kickstarter, Inc. ("Kickstarter") is aDelaware corporation having a place of business at 155 Rivington Street, 2
nd
Floor, New York, New York 10002.
2
JURISDICTION AND VENUE
4.
This action arises under the patent laws of the United States,35 U.S.C. §§ 1
et seq
. This Court has subject matter jurisdiction over this action under 28 U.S.C.§§ 1331, 1332, and 1338(a).5.
This Court has personal jurisdiction over Formlabs and Kickstarter by virtue of atleast Formlabs' and Kickstarter's website sales activities of regularly soliciting and conductingsales activities within South Carolina and this judicial district.6.
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b), 1391(c),and 1400(b).
BACKGROUND FACTS
7.
3D Systems is a global company that has developed technology in additivemanufacturing which it has incorporated into systems, sold in the United States and abroad, for generating three-dimensional prototypes and commercial products from digital designs. Certainof these systems create physical three-dimensional objects from a liquid medium involving theapplication of solid imaging techniques, including stereolithographic techniques. To protect 3DSystem's technology, 3D Systems has applied for and obtained numerous patents in the UnitedStates and abroad.8.
Upon information and belief, Formlabs is in the business of manufacturing andselling systems used for creating physical three-dimensional objects from digital designs usingsolid imaging techniques, including stereolithographic techniques. These products are marketedwithin the United States and within the jurisdiction of this Court, under the name "The Form 1High Resolution Desktop 3D Printer" (the "Form 1 3D printer").
39.
Formlabs' website, http://formlabs.com, promotes the Form 1 3D printer asfollows: "The Form 1 marries high-end stereolithography (SL) technology and a seamless user experience at a price affordable to the professional designer, engineer and maker."10.
Upon information and belief, Kickstarter is a funds raiser and selling agent of Formlabs and has offered for sale and sold Form 1 3D printers within the United States andwithin this jurisdiction of this Court via its website:http://www.kickstarter.com/projects/formlabs/form-1-an-affordable-professional-3d-printer.11.
Upon information and belief, on or about September 26, 2012, Formlabs launcheda sales campaign with Kickstarter with a goal of raising $100,000. Upon information and belief,when this sales campaign ended on October 26, 2012, Formlabs had been pledged $2,945,885 by2,068 backers. Upon information and belief, the backers pledged from as little as $5.00 for an.STL file to as much as $10,000 for a Form 1 3D printer.12.
Upon information and belief, the majority of the funds for Formlabs were raised by Formlabs' and Kickstarter's sales of 1,028 Form 1 3D printers to be delivered from February2013 to April 2013. The Form 1 3D printers were initially sold at $2,299 and the prices wereincreased to $2,999.13.
According to the terms of Kickstarter and as stated in the Kickstarter FAQs:"Every project creator sets their project's funding goal and deadline. If people like the project,they can pledge money to make it happen. If the project succeeds in reaching its funding goal, all backers' credit cards are charged when time expires. If the project falls short, no one is charged.Funding on Kickstarter is all-or-nothing."14.
Therefore, upon information and belief, in Kickstarter’s case, all 2,068 backers werecharged their respective amounts on October 26, 2012, and that money was then made available
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3D Systems v. Formlabs et. al.
Official Complaint for Patent Infringement in Civil Action No. 0:12-cv-03323-MBS: 3D Systems Inc v. Formlabs Inc et. al. Filed in U.S. District Court for the District of South Carolina, the Hon. Margaret B Seymour presiding. See http://news.priorsmart.com/-l77v for more info.
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